What If The Driver Who Hit Me Head-On In Orlando Has No Insurance?
If you’re hit head-on in Orlando by a driver who has no car insurance, your Personal Injury Protection (PIP) coverage will be the first source of compensation. It covers 80% of medical expenses and 60% of lost income, up to a limit of $10,000. Once these policy benefits are exhausted, you can pursue further compensation through your uninsured motorist coverage.
At Todd Miner Law, we handle uninsured motorist and PIP claim cases by gathering evidence like witness statements, medical records, and policy documents. If your damages exceed available coverage, our legal team explores additional sources of compensation, including third-party liability claims. With extensive experience in Florida courts, we fight aggressively to maximize your recovery. Call 407-894-1480 now for expert legal representation.
Can You Still Recover Compensation After a Head-On Collision With an Uninsured Driver?
Yes, you can still recover damages after a head-on accident with an uninsured driver by filing a claim through your uninsured motorist coverage. If your damages exceed this policy’s limits, you may also pursue legal action against the at-fault driver. However, recovering compensation can be difficult if the at-fault driver lacks financial assets.
Therefore, Florida law encourages all drivers to carry uninsured motorist coverage for extra financial protection, with minimum limits of $10,000 per person and $20,000 per accident. Moreover, according to Florida Statute § 627.727, your UM coverage should always match your Bodily Injury Liability (BIL) insurance limits. To file a UM claim, follow these steps:
- Notify your insurance company immediately
- Provide accident evidence and proof of your damages
- Complete your insurance claim forms accurately
- Wait for the claim assessment and settlement offer
- File a lawsuit if the insurer wrongfully denies your claim
How Does Uninsured Motorist Coverage Protect You After a Head-On Collision?
Uninsured motorist coverage helps you recover compensation after a head-on crash with a driver who lacks insurance. It also applies to hit-and-run cases where the negligent driver cannot be identified. This coverage will cover remaining medical expenses, lost wages, and non-economic damages, like emotional distress, after your PIP benefits are exhausted.
Additionally, an uninsured coverage policy also covers long-term loss of income and future medical care expenses associated with serious injuries. These costs typically fall under Uninsured Motorist Bodily Injury (UMBI) coverage. If you also carry Uninsured Motorist Property Damage (UMPD) coverage, it can pay for vehicle repairs, replacement costs, and other property damages caused by an uninsured driver.
How Long Do You Have to File an Uninsured Motorist Claim in Florida?
In Florida, you have five years to file an uninsured motorist claim under §95.11(2)(b). This Florida statute establishes the time limit for pursuing benefits under your insurance contract. However, you must still notify your insurer within 24-48 hours to preserve your coverage and strengthen your claim.
At Todd Miner Law, our legal team acts promptly to protect your legal rights after accidents involving uninsured drivers in Florida. We gather accident evidence, medical records, and supporting documents immediately to build a strong case. Our attorneys also handle all insurer communications, file your UM claim timely, and ensure you meet every legal requirement. Contact us now for a free consultation.
How Does a Personal Injury Lawsuit Differ from a UM Claim?
A personal injury lawsuit is filed directly against the at-fault driver in court, while a UM claim is handled by your own insurer. Also, filing a personal injury lawsuit allows you to cover full damages based on the extent of your injuries and losses. It also allows seeking punitive damages when the at-fault uninsured driver shows extreme negligence or reckless disregard for safety. In contrast, the compensation in UM is limited by the terms and coverage limits of your policy.
Can You Use Collision Coverage After Being Hit by an Uninsured Driver?
Yes, you can use the collision coverage for car repairs after an accident with an uninsured driver in Florida. This policy pays for your vehicle damage after subtracting a deductible that typically ranges from $250 to $10,000, depending on your policy. Some plans also help preserve your car’s value by covering OEM (original equipment manufacturer) parts instead of lower-cost alternatives.
Moreover, collision coverage is optional in Florida but highly recommended, as one in five drivers is uninsured in the state. However, if you own an older car, this coverage might not be worth it. The yearly premium can sometimes exceed the car’s actual value, making it an unnecessary expense. In contrast, collision coverage can be a beneficial investment for newer or high-value vehicles that are costly to repair or replace.
Can Health Insurance Cover Your Medical Bills After an Uninsured Head-On Crash?
Yes, your health insurance can help pay medical bills after a head-on car crash with an uninsured driver. It usually applies after your PIP and MedPay benefits are used, and covers hospital care, surgeries, and rehabilitation costs. However, the sequence of coverage may differ based on your policy’s coordination of benefits clause.
Additionally, it’s also important to know that your health insurance works differently from your no-fault coverage. After covering your medical expenses, your health insurer may later seek reimbursement from any uninsured motorist settlement you receive. You might also be required to meet deductibles, pay copays, or use in-network providers to receive full coverage.
What if the Uninsured Driver Was Driving a Company Vehicle?
If the uninsured driver was operating a company vehicle, you can recover compensation from the employer. Under Florida’s dangerous instrumentality doctrine, vehicle owners are responsible for auto accidents caused by anyone driving their car. The company may also face vicarious liability. It holds employers responsible for the actions of their workers performed during work duties.
In addition, you can also pursue claims against the employer for negligent hiring or supervision under Florida Statute § 768.096. To prove liability in such cases, your car accident lawyer will collect the following evidence:
- Vehicle ownership
- Employment records
- Driver’s work schedules
- Dispatch logs or trip sheets
- Training and supervision details
If fault is proven, you can then pursue compensation through the company’s commercial auto insurance policy. It typically offers higher coverage limits than personal insurance. In some cases, the company’s umbrella liability policy may also apply, which provides additional coverage if your losses exceed the standard policy limits.
How Do You Prove the Other Driver Was Uninsured If They Deny It After the Crash?
If the other driver denies having insurance after a crash, get a copy of the police report, as it usually lists each driver’s insurance information. You can also verify their coverage with the Florida Highway Safety and Motor Vehicles (FLHSMV) or contact the insurer they claimed to use. If no valid policy exists, your attorney can formally request an affidavit from the at-fault driver confirming they had no insurance coverage.
Additionally, your lawyer may take these steps to verify the other driver’s insurance status:
- Obtain the driver’s DMV registration history to check vehicle ownership and insurance status records.
- Conduct an insurance verification through Florida’s Electronic Filing System (EFS), which tracks all active auto insurance policies statewide.
- Send discovery requests during litigation, which require the driver to provide written proof of coverage.
- Contact the Florida Bureau of Motorist Compliance, which can confirm whether authorities suspended the driver’s license for failing to maintain valid insurance.
Is It Illegal to Drive Without Auto Insurance in Florida?
Yes, it is illegal to drive without car insurance in Florida. According to Florida Statute § 324.022, all drivers must carry property damage liability and personal injury protection coverage of up to $10,000 to operate a vehicle legally. If this law is violated, it can result in suspension of the driver’s license and registration, fines, and reinstatement fees of $500.
Todd Miner Law Can Help You Recover Compensation if an Uninsured Driver Hits You — Get a Free Case Review!
After your PIP coverage runs out, the next source of compensation usually comes from the at-fault driver’s insurance. But if you’re hit by an uninsured driver in Florida, that coverage doesn’t exist. This situation can leave you facing growing medical bills, lost wages, and limited options for financial recovery.
With an A+ rating from the Better Business Bureau, Todd Miner Law can help you recover compensation through your uninsured motorist coverage. With over 32 years of legal experience, our team aggressively counters insurance company tactics that delay, deny, or undervalue claims. Contact us now or visit our law firm at 915 Outer Rd, Orlando, FL 32814 to explore your legal options.
FAQs
If I Use My UM/PIP, Will My Insurance Rates Go Up?
No, your insurance rates won’t increase for using PIP or UM coverage after an accident that wasn’t your fault under Florida’s no-fault system. Still, frequent claims or unclear fault can result in rate reviews during the renewal process. Therefore, always consult an experienced car accident lawyer before filing. They will help you understand how your claim could affect future premiums.
Can I “Stack” UM Coverage if I Own More Than One Vehicle?
Yes, you can “stack” uninsured motorist (UM) coverage in Florida if you have multiple vehicles on the same policy. It can increase your coverage limits by combining UM protection across all insured cars. However, non-stacked policies don’t allow this benefit. That’s why it’s important to select stacked UM coverage when purchasing or renewing your auto policy.
How Do Insurance Companies Go After Uninsured Drivers?
After paying your uninsured motorist (UM) or collision claim, insurers may use subrogation to recover costs from the uninsured driver. In this case, the insurance provider usually files a civil lawsuit against the at-fault driver. If successful, they will collect the judgment through wage garnishment, property liens, or bank account levies.
Can I Claim Lost Wages if the Driver Had No Insurance?
Yes, you can claim lost wages through your PIP and UM coverage. PIP insurance pays up to 60% of your lost income, while UM covers the remaining losses if your injuries prevent you from returning to work for a prolonged time. To support your claim, provide medical proof, payroll records, and employer statements verifying missed time.
Does Florida Require Uninsured Motorist Coverage?
No, Florida does not require UM coverage, but insurers must offer it when you purchase a policy. You can decline the coverage by signing a written statement. However, you should include UM coverage in your policy because nearly 20% of Florida drivers are uninsured. Without this coverage, you can face significant out-of-pocket expenses after an accident with an uninsured driver.
Does Florida Limit Recovery if the Other Driver Is Uninsured?
Yes, Florida law can limit your recovery if the other driver is uninsured, as your compensation depends on your own insurance coverage and the at-fault driver’s financial resources. While you can sue the uninsured driver, seeking compensation can be difficult if they lack financial assets. In such a situation, your most reliable path to recovery is PIP or UM.
Can I Sue My Own Insurance Company for Denying My UM Claim?
Yes, you can sue your own insurance company for denying your UM claim. This includes situations where the insurer wrongfully denies a valid claim or fails to act in good faith. First, you should appeal the denial through the company’s internal review process. If that fails, you can file a bad-faith lawsuit against the insurer to recover the fair compensation.
